Article 39
Outside Employment

Section 39.01

As required by applicable regulations, employees must obtain approval by appropriate officials (the immediate supervisor) of their intent to engage in outside activities in advance of undertaking such activity. A written request for approval will be submitted in advance. The Employer will approve or disapprove any written request of an employee to engage in outside activities as soon as possible, but no later than ten (10) workdays of the Employer's receipt of the request.

Section 39.02

If an employee wishes to dispute the Employer's rejection of a request to engage in outside employment, the employee may file a special grievance directly with the management official who denied the request. This grievance must be filed within fifteen (15) workdays of the Employer's rejection of the request. It will be treated exactly as if it had been processed through the agreement's grievance procedure, and is now at the final step of the procedure. If the Employer and employee are unable to satisfactorily adjust the grievance, the Employer will forward to the employee, within the time limits prescribed for the final step of the grievance procedure, a letter containing all the reasons and evidence why it is rejecting the outside employment request. Thereafter, NTEU may invoke arbitration over the issue.

Section 39.03

Employees must adhere to all statutes and regulations governing participation in outside activities, including those contained in the "Standards of Ethical Conduct for Employees of the Executive Branch," Title 5, Code of Federal Regulations, Part 2635. Employees may engage in outside employment or other outside activity compatible with the full and proper discharge of the duties and responsibilities of their Government employment.

Incompatible activities include, but are not limited to:

A. acceptance of a fee, compensation, gift, payment or expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of, a conflict of interest;

B. outside employment which tends to impair the employee's mental or physical capacity to perform assigned Government duties and responsibilities in an acceptable manner; and

C. outside work or activity that takes the employee's time or attention during the employee's official work hours.